Legal Challenges to Welfare Reform

Bedroom Tax

The judicial review of the ‘bedroom tax’ (reduction of housing benefit for under-occupation of social housing) was heard 15th to 17th May 2013, involving five disabled adults and five disabled children.

The judgement was handed down on 30th July by the High Court, who found that the new benefit regulations are lawful, apart from in cases of disabled children unable to share a bedroom for disability reasons. Lawyers for disabled adults intend to appeal.

Employment and Support Allowance (ESA) Work Capability Assessment (WCA)

In a legal challenge in May 2013, the judgement went against the Government. The judge found that the WCA process disadvantages claimants with mental ill health, learning difficulties and autism. The judge held that claimants are disadvantaged by the requirement to collect and provide medical evidence themselves and that DWP should do more to ensure it is collected and considered in the decision making process. DWP has said it will appeal.